|
The request for a hearing shall be in compliance
with the following requirements:
(1) The petitioner must file his or her formal
request for hearing:
(a) Within thirty days of the date notice is
given under
RCW 46.20.308(6) if the petitioner
submitted to a breath test;
(b) Within thirty days of the date notice is
given under
RCW 46.20.308(6) if the petitioner is
alleged to have refused the breath or blood test; or
(c) Within thirty days of the date notice of
the department's intention to suspend, revoke, or
deny the petitioner's license, permit, or privilege
to drive is given in the event notice is given by
the department following a blood test;
(2) If a request for hearing is mailed, it must
be received by the department within seven days of
the date the request was postmarked in order to be
considered timely under this section. This provision
may be waived if the request is received by the
department within thirty days of the date of arrest,
or within thirty days of the date notice is given in
the event notice is given by the department
following a blood test, or if the petitioner and the
department agree to a wavier of the sixty-day
hearing requirement;
(3) The request for a hearing shall be in
writing. The petitioner may use the form provided by
the department for this purpose or any other
writing;
(4) The hearing request form provided by the
department shall include a statement that if the
parties or witness(es) are hearing or speech
impaired and/or non-English speaking, a qualified
interpreter will be appointed at no cost to the
parties or witnesses. The form shall include a
section where the petitioner may request an
interpreter and where he or she may identify the
language and/or nature of the interpretive services
needed;
(5) The request for hearing shall include the
following information with respect to the
petitioner:
(a) Full name;
(b) Mailing address;
(c) Daytime telephone number, including area
code;
(d) Date of birth; and
(e) Driver's license number;
(6) If petitioner will have legal
representation at the administrative hearing, the
request shall also include the legal
representative's name, mailing address, and daytime
telephone number, including area code;
(7) The request for hearing shall be submitted
to the Department of Licensing, Driver Services
Division, Hearings & Interviews, P.O. Box 9031,
Olympia, Washington 98507-9031;
(8) The written request for hearing shall be
accompanied by a filing fee of one hundred dollars,
unless the petitioner is entitled to a waiver of the
filing fee because of indigence, in which case a
request and justification for the fee waiver shall
accompany the hearing request;
(9) A petitioner who has been denied a
court-appointed attorney on the underlying related
criminal charge because he or she is deemed "not
indigent" is not eligible for a fee waiver;
(10) Indigence may be established as follows:
(a) Written verification of court-appointed
legal counsel on the associated underlying criminal
charge;
(b) Written verification of current involuntary
commitment to a public mental health facility;
(c) Verification of current receipt of general
assistance, temporary assistance for needy families,
refugee resettlement benefits, food stamps,
supplemental security income, or Medicaid; or
(d) Submission and approval of the department's
"Application for Waiver of Hearing Fee" form;
(11) Failure to timely submit a hearing request
and/or failure to include the filing fee or
application for waiver with the hearing request
shall be deemed a waiver of the petitioner's right
to a hearing; and
(12) If a request for hearing is denied, the
department shall notify the petitioner and the
petitioner's legal representative, if any, stating
the reason(s) for denial.
|
